Who is the competent authority to grant prosecution sanction under section 19 of PC act? If the public servant is retired from the service the competent authority is bound to grant the sanction for the prosecution. In this respect please clarify who is the competent to grant sanction. I have retired from the service in 2015 and the anti-corruption court is taking cognisance in my case.
The prosecution did not present the sanction order. When my advocate objected the court said that sanction is not necessary. I am very afraid that the court is working under the pressure of the prosecution. Kindly save my life otherwise the court may convict me in that false case.
Asked from: Uttar Pradesh
Government is the sanctioning authority in respect of the sanction for prosecution under the Prevention of Corruption Act. You are an employee of the state government. Therefore, the Governor is the sanctioning authority in your case. The sanction must be valid otherwise the High Court may quash the proceeding.
You are entitled to claim sanction for prosecution if your service is subject to termination by the order of the government. If an officer has power to terminate you in disciplinary proceeding then sanction is not required.
Sanction for prosecution is necessary if the accused is in service at the time of taking cognisance. After the retirement of a government servant the prosecution sanction is not required. Sanction is mandatory for taking cognisance. It does not require for the investigation and after retirement of the accused.
